Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7237 of 2019 Applicant :- Saqlain And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Saqlain, Mustkim and Bhura alias Furkan seeking bail in Case Crime No. 25 of 2019, under Sections 147, 148, 149, 323, 504, 506, 307, 353, 327, 427, 336, 186 IPC and section 7 of Criminal Law Amendment Act, P.S. Kotwali, District Etawah.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that rent agreement has been executed in favour one Smt. Reshma Bano wife of Khali Ullah and on the basis of the said agreement, after seeking permission from the District Authorities, she started renovating and reconstructing the building, which was opposed by the other group which resulted into quarrel between two groups and both sides have suffered injuries. Learned counsel for the applicants has next submitted that similarly placed co-accused, Naeem, Khalil Ullah, Kunain and Karnain have already been granted bail by this Court in Criminal Misc. Bail Application No. 6475 of 2019 vide order dated 14.2.2019.
It is lastly submitted that the applicants no. 1 and 3 have no other criminal history to their credit and the criminal history of applicant No.3 has been explained in paragraph 3 of supplementary affidavit and in both cases the applicant has been acquitted by the court below vide order dated 9.7.204 and 7.11.2013 respectively and the applicants are in jail since 21.1.2019 and in case the applicants are released on bail they will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicants Saqlain, Mustkim and Bhura alias Furkan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable heavy sureties (one family member) of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 25.2.2019 R